最近更新：2024-12-25
2023-cv-00417
| 日期 | 描述 |
|---|---|
| 06/08/2023 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. 附件： 1:(Closing Minute Entry dated 6/7/2023) |
| 06/07/2023 | ENTERED JUDGMENT Signed by the courtroom deputy on 06/07/2023. Emailed notice |
| 06/07/2023 | FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/07/2023. Emailed notice |
| 06/07/2023 | MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the Plaintiff's motion for default judgment 42 is granted in part. Judgment entered in favor of the Plaintiff and against each of the Defendants in the amount of fifteen-thousand dollars ($15,000) per Defendant. Permanent injunction entered in light of the finding of willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 07/07/2023 is vacated. Civil case terminated. Emailed notice |
| 05/31/2023 | DECLARATION of Michael A. Hierl regarding motion for default judgment 42 附件： 1:(Exhibit Hierl Exhibit 1) |
| 05/31/2023 | MEMORANDUM by Art Ask Agency in support of motion for default judgment 42 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 05/31/2023 | MOTION by Plaintiff Art Ask Agency for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
| 05/31/2023 | DECLARATION of Robert P. McMurray Certificate of Service Modified on 6/1/2023 (jk2,). |
| 05/31/2023 | SUMMONS Returned Executed by Art Ask Agency as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 5/1/2023, answer due 5/22/2023. |
| 05/25/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 38, although no Defendant has appeared in the case and the Defendants are in default for failing to timely answer, the parties are in settlement negotiations. The parties shall promptly advance the negotiations. The tracking status hearing of 06/02/2023 is reset to 07/07/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint status report by 06/30/2023. The Plaintiff shall file a default-judgment motion for the remaining Defendants by 06/30/2023. Emailed notice |
| 05/24/2023 | STATUS Report by Art Ask Agency |
| 05/02/2023 | CERTIFICATE of Service by Plaintiff Art Ask Agency Proof of Service |
| 05/01/2023 | SUMMONS Returned Executed by Art Ask Agency as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/28/2023, answer due 5/19/2023. |
| 05/01/2023 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 05/01/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/01/2023. Emailed notice |
| 05/01/2023 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that supported the entry of the TRO, the motion for preliminary injunction 31 is granted. The Clerk's Office shall unseal all filings. The Plaintiff shall promptly file proof of service when accomplished. The tracking status hearing of 05/05/2023 is reset to 06/02/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 05/24/2023, or the Plaintiff shall file on its own if the Defendants have not appeared. Emailed notice |
| 04/28/2023 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31 |
| 04/28/2023 | MEMORANDUM by Art Ask Agency in support of motion for preliminary injunction 31 |
| 04/28/2023 | MOTION by Plaintiff Art Ask Agency for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 04/19/2023 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the Plaintiff's extension motion on the TRO 29 is granted through 05/03/2023. The tracking status hearing of 04/21/2023 is reset to 05/05/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report and the motion for preliminary injunction (if appropriate) by 04/28/2023. Emailed notice |
| 04/14/2023 | MOTION by Plaintiff Art Ask Agency for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
| 04/10/2023 | SURETY BOND in the amount of $ 10,000 posted by Art Ask Agency. (Document not scanned.) |
| 04/05/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/05/2023. Emailed notice |
| 04/05/2023 | MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the memorandum on joinder and the accompanying exhibit, R. 24, 25, although it remains a close question on whether the limits on joinder are satisfied by the Amended Schedule A, it is sufficiently close that adversarial presentation would be needed for further narrowing of the Defendants. It is true that the narrower set of Defendants are accused of infringing the same copyrighted image, but that alone is insufficient. But the named Defendants also do use the exact same advertising image, and the advertising image is somewhat unique. Having said that, the advertising image is similar to others, see, e.g., R. 14 (Defendant 50 and Defendant 60), suggesting that the image might be more commonly used by many online stores. Yet, as noted earlier, the question is close enough that adversarial presentation would be needed. So joinder is satisfied for purposes of the early stage of the case. (2.) This is primarily a copyright-infringement case, and the Plaintiff's motion 9 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. §504(b). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 6 for leave to file under seal is granted in light of the asset-restraint goal. By 04/12/2023, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The tracking status set for 04/07/2023 is reset to 04/21/2023 at 8:30 a.m. to track the case (no appearance is required, the case will not be called). The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/14/2023. Emailed notice |
| 03/30/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit A |
| 03/30/2023 | MEMORANDUM by Art Ask Agency Plaintiff's Memorandum in Support of Joinder |
| 03/30/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Amended Schedule A |
| 03/30/2023 | AMENDED complaint by Art Ask Agency against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 03/20/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint, R. 1, and Schedule A, R. 7, the Court raises the propriety of joinder of the 120 Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 03/31/2023. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 04/07/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 01/26/2023 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings pursuant to IOP 13(f)(2)(b). Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 1/23/2023. |
| 01/25/2023 | MAILED copyright report to Registrar, Washington DC |
| 01/24/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 8 of Strid Declaration |
| 01/24/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 7 of Strid Declaration |
| 01/24/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 6 of Strid Declaration |
| 01/24/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 5 of Strid Declaration |
| 01/24/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 4 of Strid Declaration |
| 01/24/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 3 of Strid Declaration |
| 01/24/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 2 of Strid Declaration |
| 01/24/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 1 of Strid Declaration |
| 01/24/2023 | MEMORANDUM by Art Ask Agency in support of motion for temporary restraining order, 9 附件： 1:Declaration Strid Declaration 2:Exhibit Group Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:(Exhibit Hierl Exhibit 3) |
| 01/24/2023 | MOTION by Plaintiff Art Ask Agency for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 01/24/2023 | CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
| 01/24/2023 | CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. |
| 01/24/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Art Ask Agency |
| 01/24/2023 | SEALED DOCUMENT by Plaintiff Art Ask Agency Sealed Schedule A |
| 01/24/2023 | MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal |
| 01/24/2023 | ATTORNEY Appearance for Plaintiff Art Ask Agency by Robert Payton Mcmurray |
| 01/24/2023 | ATTORNEY Appearance for Plaintiff Art Ask Agency by William Benjamin Kalbac |
| 01/24/2023 | ATTORNEY Appearance for Plaintiff Art Ask Agency by Michael A. Hierl |
| 01/24/2023 | CIVIL Cover Sheet |
| 01/24/2023 | COMPLAINT filed by Art Ask Agency; Jury Demand. Filing fee $ 402, receipt number AILNDC-20267798. 附件： 1:(Exhibit Group Exhibit 1) |
